Q: My brother won his appeal, reversing the termination of his parental rights, due to ICWA not being followed. Whats next?
His appeal attorney said his case was IMMEDIATELY being sent back to dependency court. That was a few months ago. We've reached out to his "attorney" & the dept- with NO RESPONSE from either. My brother was rail roaded from day 1, wrongfully & illegally removing his daughter in 2020, them wrongfully & illegally removing my nephew FROM MY CARE, after his birth, due to us continuing to demand answers & accountability for the removal of my niece. We've experienced CORRUPTION AT ITS FINEST within this county. Now they are failing to return calls or communicate, even though his rights have been restored. We're not attorneys, we don't know how this process works & need direction. His "attorney" worked against him the whole case, allowing the agency to violate not only his civil rights but also his ADA rights. Also never arguing the removal from MY home, which shouldn't have opened a case because the baby was NOT with my brother to begin with. We have proof of their falsifying documents.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
If your brother's appeal was successful in reversing the termination of his parental rights, the case should be sent back to the dependency court for further proceedings. However, it's concerning that you have not received any response from his attorney or the department.
It's important to continue to follow up with his attorney and the department to ensure that the case is moving forward and that your brother's rights are being protected. You may want to consider reaching out to a different attorney who specializes in family law or child welfare to get a second opinion and to help you navigate the legal process.
In addition, if you have evidence of falsified documents or other forms of corruption, you may want to consider reporting this to the appropriate authorities, such as the state bar association or the agency responsible for overseeing child welfare in your state.
Overall, it's important to stay informed and involved in your brother's case to ensure that his rights are being protected and that the best interests of his children are being served.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
